Ram Janam Sharma and Others v. State of U.P. Thru. Secy. Home Lko. and Others
Case brief
What is this about?
Writ petition (Criminal Misc. W.P. No. 5306 of 2025, Allahabad High Court Lucknow Bench, decided 18.6.2025, neutral citation 2025:AHC-LKO:35757-DB) challenging FIR No. 0124 of 2025 dated 23.05.2025, P.S. Kurebhar, District Sultanpur, under Sections 191(2), 115(2), 352, 351(3), 324(4) BNS; prayer confined to compliance with Section 35(3) BNSS (Section 41A Cr.P.C.) notice procedure for offences punishable up to 7 years; petition disposed of with direction to police to follow Section 35(3) BNSS and Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 guidelines; petitioners Ram Janam Sharma and others; counsel Jnanendra Pratap Shukla; State of U.P. represented by G.A./A.G.A.
What did the court decide?
Direction to the police authorities concerned to follow the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and the directions of the Supreme Court in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273.